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(영문) 수원지방법원 안양지원 2014.09.25 2014고단533
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of D Co., Ltd. in Ansan-gu, who is engaged in service business, such as construction design and supervision, by employing 11 full-time workers.

The Defendant, at the foregoing workplace from January 14, 2013 to June 19, 2013, did not pay the total of KRW 1,256,67, and KRW 29,221,867, and KRW 29,221,867, including the wages of three workers, within 14 days from the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment between the parties, as stated in the attached Table Nos. 1, 3, and 4.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, E, and G preparation;

1. Application of each certificate, year-end settlement status, each copy of each passbook, salary statement, employment contract, and business registration certificate;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the violation of each Labor Standards Act stated in [Attachment Table 2 and 5] among the facts charged in the instant case concerning the dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant worked at the said workplace from April 1, 201 to March 13, 2013; (b) did not pay KRW 10,000,000 in total of wages from December 1, 2012 to March 2013 to employees H retired from the said workplace; and (c) did not pay KRW 13,336,122 in total of wages, etc. of two workers as stated in [Attachment Table 2 and 5] of the date of payment without an agreement on extension between the parties.

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and may be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

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